corruption act.ppt

7/27/2019 Corruption Act.ppt

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CORRUPTION - ill effects

undermines investment and economic growth

decreases the resources available for humandevelopment goals

deepens the extent of poverty

subverts the judicial system, and underminesthe legitimacy of the state

it can devastate the entire economic, political,and social fabric of a country

urgent need to create a zero tolerance for corruption



2

CONDUCT RULES

Government servant is expected

to

maintain absolute integrity

show devotion to duty

not exhibit conduct unbecoming

of a Government servant



3

Objectives

to launch a systematic campaign

against corruption by involving all

members of an organization infighting this social evil

to educate them about the dangers

of corruption and sensitise them

about the evil consequences of

corruption



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Prevention of Corruption Act,

1988 - (the ACT) Definition

Legislativeframework to fight

corruption

Allied Acts applied in

the PCA, 1988

use of publ ic of f ice

for p rivate gain

Prevent ion of Corrupt ion Act ,

1988

Ind ian Penal Code

(IPC), and Crim inal

Law (Amendment)

Ac t, 1952



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Criminal Misconduct

when the publ ic servant

misappropriates the property entrusted to him

obtains a valuable thing by abusing his officialposition

is in possession of disproportionate assets to theknown sources of his income

abuses office

obtains a valuable thing or pecuniary advantageby corrupt or illegal means or by abusing hisofficial authority

he commits a criminal misconduct



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The ACT

Date of effect

Appl icabi l i ty

The Act received the

consent of the President

of India on September

9, 1988(Ac t, No, 49 of 1988) and came into

force on that date

whole of India except the

State of Jammu andKashmir and it is applies

also to all citizens of

India outside India



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The ACT

–

Salient Features Essential feature of this Act

it makes it obligatory for the Court to make

certain p resumpt ions of guilt against theaccused

radical departure from the normal rule under

which the prosecution is required to prove ‘beyond doubt’ all the ingredients of an

offence



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The ACT

consists of 31 sect ions covering differentauthorities, offences and the punishments

The Act is divided into f ive Chapters

Chapter I - extent and definitions

Chapter II – appointment of special judges, procedure and powers

Chapter III –

actions amounting to offence and relative penalties

Chapter IV – investigation authorities and their powers

Chapter V – sanction of prosecution and misc.



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Chapter I

Section 1 - gives extent of the ACT

Section 2 – defines terms like public

servant, Government, etc. term ‘public servant’ as contained in section 21 of

IPC has been enlarged to include a large number of employees within the ambit of definition by incorporating sections 2(c)(iii) and 2(c)(ix) covering employees of Nationalised Banks and office bearers of Co-operative societies of the Central and State



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Chapter II

Sect ion 3

empowers Central Government and

State Government to appoin t Special Judges to try the following offences

offence punishable under this Act

any conspiracy to commit or anyattempt to commit offences specified inabove



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Chapter II

Sect ion 4

specifies the ju r isd ic t ion o f the spec ial

Judges appointed in sec 3 offences described in sec 3 are to be

tried by Special Judges

Special Judge also has powers to try anyoffence, other than an offence specifiedin sec 3



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Chapter II

Sect ion 5

describes the procedure to be followed andthe powers of Special Judge

Special judge can take cognizance of offences without the

accused being committed to him

may tender a pardon to such person who

makes a true disclosure of the wholecircumstances relating to the offence

Provisions of CrPC shall apply to theproceedings before the Special Judge



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Chapter II

Sect ion 6

authorises Special Judge to conduct a trial in asummary manner, in cases where violation of

section 12-A(1) of Essential Commodities Act,1955

and pass upon any person a sentence of imprisonment for a term not exceeding one

year convicted person will not have any right toappeal against such summary trial if the termof imprisonment does not exceed one month



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Chapter III - Sect ion 7 If a publ ic servant is charged w ith

Accept ing any g rat i f icat ion other than

legal remunerat ion in respect o f an

o ff ic ial act, as a motive or reward for doing

any official act or showing any favour or

disfavour to any person in official function



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Chapter III - section 8

If a pub l ic servant is charged w ith

Accept ing or at tempt ing to

obtain any grati ficat ion by corrupt o r i l legal means, to do any officialact



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Chapter III - Section 9

If a pub l ic servant is charged w ith

Accept ing or at tempt ing to ob tain

any grat i ficat ion for exercise of

personal inf luence wi th pub l ic

servant , to do any official act



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Chapter III

If any publ ic servant

Section 10 - abets the o ffences

def ined in sec 8 & 9 Section 11 - ob tains valuable thing,

w i thou t cons iderat ion form person

concerned in pro ceeding o r bus iness transacted by such publ ic servant



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Chapter III - Section 12 Punishment for abetment of c r im inal

of fences def ined in sec 7 & 11

Public servant shall be punishable with

imprisonment which shall not be less thansix months but which may extend to fiveyears and shall also be liable to fine

It would be seen that a minimum sentence of sixmonths has been made mandatory and fine is no moreoptional before the Courts



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Chapter III

Crim inal m isconduct defined -contd. Section 13 - act ions which can be

described as cr iminal m isconduct

if the public servant

habitual defaulter under section 7

under section 11

dishonestly or fraudulently misappropriatesany property entrusted to him or under hiscontrol as public servant or allows any other person to do so



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Chapter III

obtains for himself or for any other person any valuable thing or pecuniary advantage

by corrupt or illegal means, or

by abusing his position

possesses pecuniary resources or property disproportionate to his known sources of income

Punishment

criminal misconduct shall be punishable withimprisonment for a term which shall be not lessthat one year but which may extend to sevenyears and shall also be liable to fine



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Chapter III - Section 15 Any at tempt to comm it an o f fence

referred in sect ion 13

punishable with imprisonment for a term

which shall be not less that two years but which may extend to seven years and

shall also be liable to fine



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Chapter III - Section 14 Habi tual comm itt ing of c r iminal

o ffence under sect ion 8, 9 and 12

punishable with imprisonment for a term

which may extend to three years and

shall also be liable to fine



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Chapter III - Section 16 Where a sentence of fine is imposed

under section 13 or 14, the court shalltake into consideration the amount or

the value of the property which the

accused has obtained by committingthe offence



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Chapter IV

Sect ion 17 offence punishable under the PC Act can be

investigated by a police officer not below the rankof

an Inspector of Police - Metropolitan areas a DSP or a police officer of equivalent rank -elsewhere

Sect ion 18 a Police Officer empowered to investigate under

section 17 can even inspect any bankers’ booksin so far as they relate to the accounts of theperson suspected to have committed that offence



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Chapter V

Section 19

before taking cognizance of an o ffence

pun ishable under sections 7, 10, 11, 13

and 15 alleged to have been committed by

a public servant, court shall obtain pr ior

sanc t ion o f the autho r i ty competent to remove the publ ic servant from of f ice



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Chapter V

Section 20

deem ing f ic t ions in regard to the

of fences comm itted under sect ion 7 or 11 or 12, 13 (1) (a) or (b ) o r 14 (b )

it shall be presumed that the public

servant accepted or obtained thegratification, unless the contrary is

proved



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Chapter V

Section 21 defines the accused pub l ic servant as a competent

wi tness to d isprov e the charges made against him . Hecan give evidence on oath to defend himself

Section 22

describes appl icat ion of CrPC, 1973 in respect o f

Sect ions 243(1), 309(2), 317(2) and 397(1), to th e

proceedings under „the Act‟ with certain modifications

Section 23

deem ing f ict ion and enjoins upon the autho r i ty under „the Act‟ to deem the public servant accused of theo ffence U/S 13(1) (c), i.e. in charge of property withoutspecifying particulars



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Chapter V

Sect ion 24

grants immun i ty to the br ibe giver f rom prosecut ion pro ceeding s U/S 12

Sect ion 25 PC Act not interfere with the procedure

applicable to Military, Naval and Air Force Acts

Sect ion 26

Special Judges appointed under Crim inal Law Amendment Act , 1952 shall be deemed as Special Judge



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Chapter V

Section 27

Authorises High Court to exercise allpowers of appeal and revision conferred by

the Cr.CP as if the Court of the Special

Judge were a Court of Session trying caseswithin the local limits of the High Court



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Chapter V

Section 28

nothing contained in „the Act‟ shall

exempt any public servant from any

proceeding which might be instituted

against him



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Chapter V

Sect ion 29

lists various amendments/ substitutions/insertions, in respect of authorities, time limit,

Schedules, Paragraphs etc., in the Criminal Law Amendment Ordinance, 1944

Sect ion 30

repeal and saving

Sect ion 31 allows application of section 6 of the General

Clauses Act, 1897 in place of sections which hadbeen repealed



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PC ACT - Synopsis

a comprehensive statute incorporating alloffences of corruption, laying downspecial rules of procedures to combatcorruption, arming the investigating

agencies with sufficient powers anddenying dilatory tactics by the accusedpersons



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VIGILANCE MATTERS

vis-à-vis Conduct Rules

Misconduct

not capable of precise definition, its

reflections receive its connotations fromthe context

Its ambit has to be construed withreference to the subject-matter and the

context wherein the term occurs, regardbeing had to the scope of the statute andthe public purpose it seeks to serve



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“Prevention is better than cure” inthe context of Vigilance matters In general parlance Vigilance means

“Punitive Vigilance” which is in thenature of conducting a „Postmortem‟

act of omission or commission is detectedand acted upon long after loss & damageto the Organisation has already resulted

taking timely steps would prevent wrongdecision making or other acts of omissionor commission



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VIGILANCE

– Related Concepts -Contd.

“Preventive Vigilance”

stratagem of taking precautionary step inadvance

“Prevention”

Ending, Controlling, Stopping, Barring, Checking,Blocking, Curbing, Halting. Similarly, the term

“Vigilance” Planning, Wisdom, Caution, Insight, Judgement,

Awareness, Preparation, Precaution, Prudence, Alertness, Farsightedness and Watchfulness.



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VIGILANCE


moot point of Conduct Rules is to go for Preventive Vigilance so that allGovernment servants maintain certainstandards of discipline and decorum

To be fore-warned is to be fo re-armed -

each one of us a Sentinel of Vigilance

accept the slogan of „ParticipativeVigilance‟ for plugging any loopholes



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VIGILANCE


Integr i ty at the highest level

to restrain from getting swamped by the current

trend towards“Materialism/ Consumerism”

System improvement

settlement of Medical claims, Payment of

Loans, Advances etc., to the employees

become possible within the shortest possibletime frame



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VIGILANCE


Decis ion making - Avoid delays

decision making should be pragmatic and fastand as per Rules and Procedure

Co-operat ion w ith vigi lance act iv i t ies Conduct Rules - onus has been cast upon the

employees either to inform about a particular transaction or in some cases to obtain prior-

permission thereabout resist all temptations to make any “wrong

claims” whether they are medical, LTC or TA/DA

VIGILANCE



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VIGILANCE

– Permission under Conduct

Rules -Contd.

Act iv i t ies Requir ing Prior

Perm ission / Sanc t ion o f the

authori t ies emphasis on „Preventive Vigilance‟

Relevant Conduct Rules – 3, 5, 8, 9, 10,

12, 13, 14, 15, 18, 18-A and 19 Relevant Pension Rules – 10(1)

VIGILANCE



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VIGILANCE

– Permission under Conduct Rules

-Contd.

Rule 3 - every Government servant at all times to

maintain absolute integrity;

maintain devotion to duty; and do nothing which is unbecoming of a

Government servant

Rule 5 - Taking part in politics and elections

No Government servant shall be a member,

or be otherwise associated with, any political

party

VIGILANCE



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VIGILANCE


-Contd.Rule 8

no Government servant, except with the previous sanctionof the Government, is permitted to own wholly or in part or conduct or participate in the editing or management of,

any newspaper or other periodical publications or electronic media

Rule 9

no Government servant shall, in any radio broadcast,telecast through any electronic media or in any documentmake any statement of fact on opinion criticising anycurrent or recent policy of the Central or StateGovernment

VIGILANCE



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VIGILANCE


-Contd.

Rule 10

prohibits a Government servant from givingevidence in connection with any inquiry

conducted by any person, committee or authority

Rule 12

No Government servant shall except with the

previous sanction of the Government or of theprescribed authority, ask for or acceptcontributions to, or otherwise associate himself with the raising of any funds

VIGILANCE



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VIGILANCE


-Contd.

Rule 13

Except as provided in the Conduct Rules, no

Government servant shall accept, or permit anymember of his family or any other person acting

on his behalf to accept, any gift

Rule 14

No Government servant shall, except with theprevious sanction of the Government, receive any

complimentary or valedictory address held in his

honour

VIGILANCE



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VIGILANCE


-Contd.

Rule 15

No Government servant shall, except with the

previous sanction of the Government engage directly or indirectly in any trade or

business

Rule 18

Every Government servant to submit a return of

his assets and liabilities, immovable property,

shares, debentures and cash, movable property;

owned, acquired or held by him

VIGILANCE



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VIGILANCE


-Contd.

Rule 18

No Government servant shall accept without the

previous knowledge of the prescribed authorityacquire or dispose off any immovable property

Ru le 18-A

No Government servant shall, except with

previous sanction of the prescribedauthority,acquire, dispose of, or enter into any

transaction in respect of any immovable

property situated outside India

VIGILANCE



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VIGILANCE


-Contd.

Rule 19

No Government servant shall, except with the

previous sanction of the Government, haverecourse to any Court or to the Press for the

vindication of any official act

Append ix III – Orders regarding con tact of

Government servants w ith Foreign Nat ionals,etc.

Government servants should not stay as guests

with foreign nationals in India



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CCS (Pension) Rules Ru le 10 (1), CCS (Pens ion ) Ru les Group ‘A’ officers after retirement

not to accept any commercial

employment, within two years fromthe date of their retirement

Ti Li it F G t R f l Of



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Time Limit For Grant or Refusal Of

PermissionSl. No. Purpose for which permission is sought Time limit for grant/ refusal

of permission

1 publish a book 30 days

2 participate in a Radio Broadcast 30 days

3 Acceptance of gifts 30 days

4 immovable property transaction 30 days

5 transaction in movable property 30 days

6 transaction in immovable property outside India 60 days

7 property transaction with any foreigner 60 days

8 take recourse to any Court of Law 6 weeks

9 In the case of pensioners -

commercial appointment

60 days

GOI/ CVC/ C & AG



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GOI/ CVC/ C & AG

Guidelines / Instructions on

vigilance matters Vigi lance Angle - Only those cases in

which there is an allegation of corruption or improper motive, need be referred to theCVC

Discip l inary author i ty to info rm - aboutthe final action taken on Commission advice

Rotat ion o f staf f - specially those workingin sensitive posts should be strictly resortedto after every 2/3 years

GOI/ CVC/ C & AG



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GOI/ CVC/ C & AG

Guidelines / Instructions on

vigilance matters Den ial of LTC - to Governm ent

servants found gui lty of m isuse of

faci l i ty Non- supply of CVC‟s advice to the

del inquent is violative of p rocedu ral

safeguard Amendment to CCS (CCA) Rules, 1965

corruption act.ppt

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